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Miles v. Commonwealth

Facts:

The issue before the Fairfax Court was whether the warrant charging defendant with driving under the influence of alcohol (DUI), second offense, in violation of Va. Code Ann. §§ 18.2-266 and 18.2-270, was invalid and unlawful.

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Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 18.2-266 defines a single offense, commonly referred to as driving under the influence, and its subsections merely set forth the means by which the offense of driving under the influence may be proved.

Va. Code Ann. § 18.2-266 criminalizes driving under the influence, and its subsections provide alternative methods of proving that the statute has been violated. Each subsection is not a separate offense.